In the3 case of a senior staff committee,3 the
decision will be taken by FCA3 staff who have not been directly involved in establishing the
evidence on which the decision is based
or by two or more FCA staff
who include a person not directly involved in establishing that evidence,3 except in accordance with section 395(3) of the Act.

In the case of an individual FCA staff member, the decision will be taken
by someone who has not been directly involved in establishing the evidence
on which the decision is based, except in accordance with section 395(3) of
the Act.

A senior
staff committee may operate through standing or specific sub-committees
to consider particular decisions or classes of decision, for which accountability
will lie through the committee. Each meeting of a senior
staff committee, or sub-committee, will include:

A senior
staff committee will operate on the basis of a recommendation
from an FCA3 staff
member of at least the level of associate, and with the benefit of legal advice
from an FCA3 staff
member of at least the level of associate.

The individual who takes a decision
under executive procedures is
accountable to the FCA3 Board directly (if an executive director) or otherwise through
line management responsible for the decision concerned.

An FCA3 staff member who considers that a statutory
notice decision or
a decision referred to in DEPP
2.5.6A G3 should be taken above his own
level is free to refer that decision to a more senior level. If an FCA3 staff
member consults another staff member about a decision, the decision remains
the independent decision of the FCA3 staff member who consults his colleague, unless it is agreed
that the decision should instead be taken by the colleague, and the colleague
has the delegated authority to do so.

If an individual responsible for
a decision under executive procedures (or
a more senior FCA3 staff
member with responsibilities in relation to the decision concerned) considers
that it warrants collective consideration, the individual may:

Conflicts of interest

FCA3staff
are required by their contract of employment to comply with a code of conduct
which imposes strict rules to cover the handling of conflicts of interest
which may arise from personal interests or associations. FCA3 staff subject to a conflict of interest must declare that interest
to the person to whom they are
immediately responsible for a decision.

If a member of a senior
staff committee has a potential conflict of interest in any
matter in which he is asked to participate he will disclose the conflict to
the secretariat of the senior staff committee,
and disclose it:

(a)

in the case of the chairman of
the senior staff committee, to a member of the FCA's3 senior executive committee or, if the person with
the conflict is the chairman of the FCA's3 senior executive committee, to the Chairman of the FCA;3

If the person to whom the conflict
has been disclosed in accordance with DEPP 4.1.11 G (2) considers it reasonable
and appropriate, he will require the member of the senior
staff committee to stand down from consideration of the matter.

the FCA3 will not normally disclose the communications between the FCA3 staff
recommending that action be taken and those responsible for the decision to
give the statutory notice unless
the FCA3 has
stated publicly that it will adopt a practice of disclosing such communications,
or a class of communications, in respect of particular categories of decision
taken by FCA3 staff
under executive procedures;
and